Types of conduct and harm

 

1. Acts of a positive kind that cause bodily injury to a person, and/or physical harm to property.

Example: A, a music teacher, has her teaching studio on the top floor of a five storey building. The lifts to the upper floors are serviced every month by B, a maintenance engineer. One day, B carelessly replaces a lift cable with a cable of the wrong dimensions. After a week this cable snaps, causing the lift to drop a few feet before emergency brakes halt the descent with a severe jolt. A, who is in the lift at the time, falls down and breaks a bone in her arm. She also drops the guitar she was carrying and it breaks.

Comment: In this example, it is B's act of installing the wrong cable that causes harm to A. Because of B's act, A has suffered harm of two kinds. She has suffered injury to her person (the broken arm) as well as damage to her property (the broken guitar). Both these types of harm have long been recognised as giving rise to liability in Negligence.

Donoghue v Stevenson [1932] AC 562.

Hole v Hocking [1962] SASR 128.